Resources For

Hiring Authorities Students & Recent Graduates

Overview

Update

The Final Rule implementing the Pathways Programs has been published. It will take effect as of July 10, 2012. Agencies may continue to use the existing student and Presidential Management Fellows hiring authorities until the effective date of the Final Rule. The Recent Graduates Program will become available to agencies after the effective date of the Final Rule and the agency's completion of a memorandum of understanding with OPM.

The Federal Government values the contributions made by students and recent graduates of all ages and backgrounds. We have been placed at a competitive disadvantage, though, compared to other sectors in recruiting and hiring students and recent graduates. To address these difficulties, President Obama signed Executive Order 13562 , entitled "Recruiting and Hiring Students and Recent Graduates," on December 27, 2010.

This Executive order established two new programs and modified another. They are the Internship Program for current students; the Recent Graduates Program for people who have recently graduated from qualifying educational institutions or programs (2 years from the date the graduate completed an academic course of study); and the reinvigorated Presidential Management Fellows (PMF) Program for people who obtained an advanced degree (e.g., graduate or professional degree) within the preceding two years. These programs, collectively the Pathways Programs, are streamlined developmental programs tailored to promote employment opportunities for students and recent graduates in the Federal workforce.

As directed by the Executive order, OPM issued a final Pathways Rule to implement these programs. The final rule aims to improve recruiting efforts, offer clear paths to Federal internships for students from high school through post-graduate school and to careers for recent graduates, and to provide meaningful training and career development opportunities for individuals who are at the beginning of their Federal service.

Internship Program

The Internship Program is for current students. It replaces the Student Career Experience Program (SCEP) and Student Temporary Employment Program (STEP). The new Internship Program provides students in high schools, colleges, trade schools and other qualifying educational institutions with paid opportunities to work in agencies and explore Federal careers while completing their education.

Recent Graduates Program

The Recent Graduates Program provides developmental experiences in the Federal Government. It is intended to promote possible careers in the civil service to individuals who, within the previous two years, graduated from qualifying educational institutions with an associates, bachelors, masters, professional, doctorate, vocational or technical degree or certificate from qualifying educational institutions. To be eligible, applicants must apply within the previous two years of degree or certificate completion except for veterans precluded from doing so due to their military service obligation, who will have up to six years after degree or certificate completion to apply. For more information about Federal employment information for veterans, go to OPM's Feds Hire Vets website.

Presidential Management Fellows (PMF) Program

For more than three decades, the PMF Program has been the Federal Government's premier leadership development program for advanced degree (e.g., masters or professional degree) candidates. Executive Order 13562 expands the eligibility window for applicants, making it more "student friendly" by aligning it with academic calendars and allowing those who have received a qualifying advanced degree within the preceding two years to participate. It also directs OPM to set eligibility requirements and minimum qualification standards, and to make the PMF experience more robust and substantive for participants.

Related Information

Program Fact Sheets

Internship Program

The Internship Program replaces the Student Career Experience Program (SCEP) and Student Temporary Employment Program (STEP). This Program is designed to provide students enrolled in a wide variety of educational institutions, from high school to graduate level, with opportunities to work in agencies and explore Federal careers while still in school and while getting paid for the work performed. Students who successfully complete the program may be eligible for conversion to a permanent job in the civil service. Additional information about the Internship Program can be found at USAJOBS. Here are some key provisions of the Internship Program.

Eligibility

Current students in an accredited high school, college (including 4-year colleges/universities, community colleges, and junior colleges); professional, technical, vocational, and trade school; advanced degree programs; or other qualifying educational institution pursuing a qualifying degree or certificate.

Program Administration

The Internship Program is primarily administered by each hiring agency.

Agencies may hire Interns on a temporary basis for up to one year for an initial period, or for an indefinite period, to complete the educational requirement.

Interns may work either part- or full-time.

Each agency must sign a Participant Agreement with the Intern that sets forth the expectations for the internship.

Intern's job will be related to the Intern's academic career goals or field of study.

Agencies provide OPM with information regarding their internship opportunities and post information publicly on USAJOBS about how to apply for specific positions.

Program Completion and Conversion

Interns may be converted to a permanent position (or, in some limited circumstances, to a term position lasting 1-4 years) within 120 days of successful completion of the program.

To be eligible for conversion, Interns must:

Complete at least 640 hours of work experience acquired through the Internship Program

Complete their degree or certificate requirements

Meet the qualification standards for the position to which the Intern will be converted

Meet agency-specific requirements as specified in the Participant's Agreement, and

Perform their job successfully.

Agencies may waive up to 320 of the required 640 hours of work for Interns who demonstrate high potential as evidenced by outstanding academic achievement and exceptional job performance.

In addition, students working in agencies through third-party intern providers may count up to 320 of the hours they work toward the 640 hour requirement.

Time spent under previous Internship Program appointments may count towards required work experience hours.

Recent Graduates Program

The Recent Graduates Program affords developmental experiences in the Federal Government intended to promote possible careers in the civil service to individuals who have recently graduated from qualifying educational institutions or programs. To be eligible, applicants must apply within two years of degree or certificate completion (except for veterans precluded from doing so due to their military service obligation, who have up to six years after degree completion to apply). Successful applicants are placed in a dynamic, developmental program with the potential to lead to a civil service career in the Federal Government. The program lasts for 1 year (unless the training requirements of the position warrant a longer and more structured training program). Here are some key provisions of the Recent Graduates Program.

Eligibility

Recent graduates who have completed, within the previous two years, a qualifying associates, bachelors, masters, professional, doctorate, vocational or technical degree or certificate from a qualifying educational institution.

Veterans unable to apply within two years of receiving their degree, due to military service obligation, have as much as six years after degree completion to apply.

Program Administration

The Recent Graduates Program is administered primarily by each hiring agency.

Each agency must sign a Participant Agreement with the Recent Graduate that sets forth the expectations for the program.

Agencies provide OPM with information regarding their opportunities and post information publicly on USAJOBS about how to apply for specific positions.

Training and Development

Orientation program for Recent Graduates hired for the program.

Mentorship throughout the program.

Individual Development Plan to create and track Recent Graduates' career planning, professional development, and training activities.

At least 40 hours of formal, interactive training each year of the program.

Positions offer opportunity for career advancement.

After Program Completion

Recent Graduates may be converted to a permanent position (or, in some limited circumstances, a term appointment lasting 1-4 years).

To be eligible for conversion, Recent Graduates must have:

Successfully completed at least 1-year of continuous service in addition to all requirements of the Program.

Demonstrated successful job performance.

Met the qualifications for the position to which the Recent Graduate will be converted.

Presidential Management Fellows Program

The Presidential Management Fellows (PMF) Program is a flagship leadership development program at the entry-level for advanced degree candidates. Created more than three decades ago, the program attracts and selects from among the best candidates and is designed to develop a cadre of potential Federal Government leaders. Here are some key provisions of the PMF Program.

Eligibility

Individuals who have completed within the past two years, a qualifying advanced degree (e.g., masters or professional degree) or who will meet advanced degree requirements by August 31 of the year following the annual application announcement.

An individual may apply for the PMF Program more than once as long as he or she meets the eligibility criteria. However, if an individual becomes a Finalist and subsequently applies for the PMF Program during the next open announcement, the individual will forfeit his or her status as a Finalist.

Program Administration

The PMF Program is centrally administered by the PMF Program Office within OPM.

OPM announces the opportunity to apply for the PMF Program (usually in the late summer or early fall) on the PMF and USAJOBS websites.

Applicants go through a rigorous assessment process to determine Finalists.

OPM selects Finalists based on an evaluation of each candidate's experience and accomplishments according to his or her application and results of the assessments.

OPM publishes and provides agencies with the list of Finalists.

Agencies provide OPM with information about their PMF opportunities and can post PMF appointment opportunities for those who are Finalists on the PMF website year-round. In addition, a job fair is typically held for Finalists each year.

Finalists who obtain an appointment as a PMF serve in a two-year excepted service position.

Training and Development

The PMF Program Office provides newly hired PMFs an opportunity to participate in its Orientation and Training Program.

Senior-level mentorship throughout the program.

Individual Development Plan to create and track a PMF's career planning, professional development, and training activities.

Developmental opportunities in the occupation or functional discipline the PMF would most likely be placed.

At least 80 hours of formal, interactive training each year of the program, for a total of 160 hours.

PMFs are placed on a performance plan and must obtain a successful rating each year.

After Program Completion

After successful Program completion and job performance, the PMF may be converted to a permanent position (or, in some limited circumstances, a term appointment lasting 1-4 years) in the competitive service.

On This Page

Pathways FAQs

Background

Executive Order 13562 Recruiting and Hiring Students and Recent Graduates dated December 27, 2010, authorized two new excepted service hiring authorities and consolidated them with a revised Presidential Management Fellows Program to establish the Pathways Programs for students and recent graduates. The U.S. Office of Personnel Management (OPM) promulgated implementing regulations and codified them at various places in the Code of Federal Regulations (CFR), mainly 5 CFR parts 213, 315, and 362. 5 CFR part 302, which addresses hiring in the excepted service, explains how Pathways candidates may be evaluated, how selections can be made, and how veterans’ preference applies.

The following questions and answers are intended to clarify use of this authority. The questions and answers listed here are not meant to be a substitute for reading the regulations.

General Provisions

The Federal Government benefits from a diverse workforce that includes students and recent graduates. The competitive hiring process for the Federal civil service is structured in a manner that favors job applicants who have significant previous work experience for entry level positions. That factor and the complexity of the rules governing admission creates a barrier to recruiting and hiring students and recent graduates and places the Federal Government at a competitive disadvantage compared to private-sector employers when it comes to hiring from that segment for entry-level positions. In Executive Order 13562 the President established or refined ground rules for several excepted service authorities in order to offer clear paths to internships and potential civil service careers for students and recent graduates, to establish meaningful developmental programs, and to provide a means by which students and recent graduates may be evaluated on the job.

The Pathways Programs framework consists of three separate programs for students and recent graduates in Schedule D of the excepted service. These programs are: the Internship Program, the Recent Graduates Program, and the PMF Program.

The public notification requirement promotes fairness, transparency, and compliance with merit system principles by giving all interested applicants a way to learn about these opportunities and to do so through a single portal.

Recruitment

Agencies may help promote participation in the Internship and Recent Graduates Programs through outreach and recruitment. As part of outreach, for example, agencies may inform students and recent graduates, colleges and universities’ representatives, or third-party intern providers (e.g., the Hispanic Association of Colleges and Universities) about the Pathways Programs. Agencies may also provide general information at campus visits and events, liaison with campus career offices, and third-party intern providers. In contrast, recruitment occurs during the period when the agency is actively seeking to fill a position(s) under the Pathways Programs and is accepting applications, using a properly posted Pathways job opportunity announcement.

As part of a broader overall recruitment plan, agencies may conduct strategic recruitment activities focused on improving the diversity of the applicant pool and notifying a wide pool of potential applicants of job opportunities. However, agencies must ensure that such activities merely supplement the underlying plan and that public notice of the Job Opportunity Announcement is available to everyone.

Yes, provided they post alternative means of applying at the same time that they post the notice of the event. Agencies may hold recruitment events at only one campus or school prior to filling a job under the Pathways Programs as a part of a broader and more comprehensive outreach and recruitment strategy. When doing so, agencies must ensure the selected venue is open to all students (even those from other colleges or universities) who may want to attend the recruitment event. In other words, agencies cannot limit participation to students who attend the school or campus where the event is being held. Additionally, public notification containing details about the event, how/where to attend, and how to apply if one is unable to attend must be provided in advance of the event per 5 CFR 362.203(a) for the Internship Program. Agencies should aim to recruit from a variety of venues, consistent with good recruitment practices, to the extent practicable.

OPM encourages agencies to utilize the following effective practices when recruiting for Pathways positions:

Have a strategic recruitment strategy based on workforce planning for filling Pathways positions

Conduct strategic recruitment with a variety of talent sources to build a pipeline of qualified applicants from all segments of society

Recruit from a diverse spectrum of campuses or schools prior to announcing and filling jobs through the Pathways Programs

When conducting on-campus recruitment, agencies should ensure the venue they are visiting is open to anyone who can attend – not just students of the school where the event is taking place. In addition, agencies must provide an adequate alternative means of applying and should provide any additional information about the opportunity that would be helpful to a potential applicant who is unable to attend the on-campus event.

To the extent practicable, agencies are encouraged to conduct outreach events to make students and recent graduates aware of the USAJOBS website and encourage them to apply for positions when they become available

When conducting on-campus recruitment, agencies should take into account the proximity of the campus to the actual location of the job to be filled and the need for the student to be able to get to the job location in order to benefit from the event.

Public Notification

To satisfy the Pathways Programs public notification requirement found in 5 CFR 326.104(c)(6)(iii) and 362.105(b), an agency must first provide OPM information about the job opportunities it intends to fill through Pathways and how it intends to post the opportunity. The agency has the option to post a job opportunity announcement, an advertisement, or a notice of a recruiting event/job fair on USAJOBS. When using a USAJOBS advertisement or notice of recruitment event, agencies must provide a public source (such as a link on the agency’s webpage) which contains information about how to attend the event and how to apply if an interested party cannot attend the event.

No. Agencies must provide public notification (via USAJOBS and/or information on the agency’s website) when accepting applications for Pathways positions for which they are conducting recruitment. Moreover, the agency must post an adequate alternative method of applying for candidates who do not attend the career fair or other event.

Agencies have several options for managing the Pathways job announcement process so that it does not result in receiving an unmanageably high number of applications, including:

Limiting the announcement open period. Agencies have discretion to determine the length of time a Pathways Program job opportunity announcement is open. When doing so, agencies should give consideration to the type of position, grade level, and geographic location of the position being filled. For example, an Internship not-to-exceed (NTE) administrative position in a remote location with a nearby campus being filled at the GS-4 level for the summer months may not need to be open as long as a scientific or technical Internship position being filled at the GS-11 level at the Department headquarters location.

Limiting the number of applications received. Agencies have the discretion to set ‘cut-offs’ or limits (e.g., the first 75 or 100 applications received) on the number of applications it will consider when filling a given Pathways position. When using such limits, OPM strongly encourages agencies to accept any applications received up until 11:59 p.m. of the day the limit is reached (to accommodate applicants in non-Eastern time zones).

Using specific eligibility requirements for entrance into your agency’s Pathways Programs. With respect to your agency’s Intern Program, you may use requirements such as the ability to work a specified number of hours each week or be in good academic standing; i.e., maintenance of a minimum grade point average (GPA) as eligibility criteria. [Note: Agencies may not require the completion of educational requirements for specific coursework for occupations that do not have a positive education requirement.] In addition, agencies may require that applicants affirm their ability to work in the specific location(s) listed in the announcement.

An agency's procedures for receiving applications (see 5 CFR 302.201) must address the use of these options. Additionally, when one or more of limitations are used the agency must state the limitation in the Pathways job opportunity announcements. Agencies must consider the merit systems principles when posting notices and consider whether the notice and time allowed will provide for a fair and open competition that assures that potential applicants for the position will receive fair and equitable treatment. Consultation with agency counsel is always desirable.

Agencies must apply veteran’s preference in accordance with the procedures in 5 U.S.C. 3320 and 5 CFR 302, and any applicable agency policy. How veterans’ preference is applied depends upon the selection method the agency chooses to use when filling its Pathways jobs. In accordance with 5 CFR part 302, agencies can generally choose from among three selection methods when filling jobs in the excepted service: the ranked list, the unranked list, or a category rating-like process.

Ranked list – This method works the same as the ‘rule of three’ rating-and-ranking process used in the competitive service. Individuals are assessed against criteria which produces a numerical score. Preference eligibles who earn a passing score receive 5 or 10 points, as appropriate, which are added to their score. Applicants are then listed in score order and selection is made from the highest-ranked three names available on the list. Preference eligibles with a 10 percent or more disability are placed at the top of the list, and thus achieve the highest ranks. Agencies cannot select a non-preference eligible veteran over a preference eligible veteran with an equal or higher score without going through the applicable pass over procedures.

Unranked list – Applicants who meet basic eligibility criteria are listed by veterans’ preference category: 10 percent or more disabled veterans, other 10-point preference eligible veterans, 5-point preference eligible veterans, and then non-preference eligible veterans. An agency must consider the candidates in the highest preference group first. Agencies cannot select a non-preference eligible veteran until the preference eligibles are exhausted or the agency has gone through the proper pass over procedures with respect to the preference eligibles that are remaining

Category rating- like process – Under 5 CFR part 302.105, agencies may establish their own systems for applying veterans’ preference provided that such a system results in preference eligible applicants receiving at least as much advantage as they would under the numerical ranking or unranked selection methods. Out of convenience, many agencies have adopted a category rating-like process. This method works the same way as category rating does in the competitive service. Rather than using numerical scores, individuals are assessed against agency-established criteria and placed in one of two or more pre-defined quality categories. Preference eligibles are listed ahead of non-preference eligibles in the quality category into which they are placed. Preference eligibles with a 10 percent or more disability are placed in the highest quality category (ahead of the non-preference eligibles). An agency must make its selection from the highest quality category. An agency cannot select a non-preference eligible over a preference eligible veteran until the preference eligibles in the top category are exhausted, or the agency has gone through the applicable pass over procedures with respect to the preference eligibles that are remaining in that top group. An agency may select any preference eligible veteran in the highest quality category.

If fewer than three people are in the highest quality category, the agency can merge the highest and second highest quality category into a new category – provided that all preference eligible veterans from both categories are listed ahead of the non-preference eligibles in the newly merged category.

Professional Order – When filling professional and scientific positions at the GS-9 level and above, the rules differ slightly. Agencies may list applicants either in a ranked list by score order or in an unranked list by preference status. When a ranked list is used, preference eligibles who earn a passing score will have an additional 5 or 10 points, as appropriate, added to their score. Applicants are then listed in score order (i.e., nobody “floats”), and selection is made from the highest-ranked three names available on the list. When an unranked list is used all qualified preference eligibles will be listed in order of preference status (which will consistent of candidates eligible for 10-point veterans’ preference followed by candidates eligible for 5-point veterans’ preference), followed by all other qualified applicants. An agency must consider preference eligibles in the highest preference group first. An agency may not consider a non-preference eligible until all preference eligibles have been exhausted or the agency has gone through the proper pass over procedures with respect to the preference eligibles who are remaining.

A preference eligible veteran, who does not have a compensable disability of 30 percent or more, can be eliminated from consideration only if the agency sustains the selecting official’s objection to the preference eligible for adequate reason. These reasons, which must be recorded, include reasons based upon the criteria for medical disqualification under 5 CFR Part 339, reasons based upon the criteria for making suitability determinations listed at 5 CFR 731.202, or other reasons considered by the agency. Agencies should be mindful of 5 U.S.C. 3320 and 5 CFR 332.406 in considering reasons for passing over a preference eligible, and should consult with their counsel concerning whether a given reason is likely to meet the standard of making selections “in the same manner and under the same conditions required for the competitive service” standard set out in section 3320. OPM must approve the sufficiency of an agency reason to medically disqualify or pass over a preference eligible to select a non-preference eligible or to object to or pass over a candidate based upon medical reasons. The preference eligible (or his or her representative) is entitled to a copy of the agency’s reason(s) for the pass over, upon request.

In accordance with 5 U.S.C. 3312 and 5 CFR 339.102(c) and 332.406, the following special provisions apply to medically disqualifying a disabled veteran with a compensable service-connected disability of 30 percent or more, based on inability to perform the physical requirements of the position:

The agency must at the same time notify, in writing, both OPM and the disabled veteran of the reasons for its desire to disqualify the disabled veteran and of the veteran’s right to respond to OPM within 15 days of the date of the notification.

The agency must provide evidence to OPM that the notice was timely sent to the disabled veteran’s last known address.

OPM must make a determination on the disabled veteran’s physical ability to perform the duties of the position, taking into account any additional information provided by the veteran. The agency must submit sufficient evidence to support its request, including evidence that a reasonable accommodation is not possible and that the employee cannot perform the essential functions of the position without endangering the health and safety of the individual or others.

OPM may ask the agency to submit more detailed information in support of its request.

If OPM agrees that the veteran cannot fulfill the physical requirements of the position, the agency may select another qualified person from the certificate of eligibles. If OPM finds the veteran able to perform the job, the agency may not pass over the veteran on the basis of inability to perform the physical requirements.

This procedure does not stop the agency from filling a position if it has more than one position to fill from the same certificate, and holds open a position that could be filled by the individual against whom a request has been filed.

OPM will notify the agency and the disabled veteran of its decision, with which the agency must comply.

OPM is prohibited by law from delegating these functions to any agency.

In accordance with 5 U.S.C. 3318 and 5 CFR 332.406, the following special provisions apply to passing over a disabled veteran with a compensable service-connected disability of 30 percent or more, for nonmedical reasons:

The agency must at the same time notify, in writing, both OPM and the disabled veteran of the reasons for its desire to pass over the disabled veteran and of the veteran’s right to respond to OPM within 15 days of the date of the notification.

The agency must provide evidence to OPM that the notice was timely sent to the disabled veteran’s last known address.

OPM will determine if the request was for a proper and adequate reason under its regulations, and the sufficiency of the evidence presented, taking into account any additional information provided by the veteran.

OPM may ask the agency to submit more detailed information in support of its request.

If OPM sustains the pass over request, the agency may select another qualified person from the certificate of eligibles. If OPM does not sustain the request, the agency may not pass over the veteran on the basis of the reason presented.

This procedure does not stop the agency from filling a position if it has more than one position to fill from the same certificate, and holds open a position that could be filled by the individual against whom a request has been filed.

OPM will notify the agency and the preference eligible or disabled veteran of its decision, with which the agency must comply.

OPM is prohibited by law from delegating these functions to any agency.

Eligibility

It depends. There is no overarching requirement that applicants for positions in the excepted service be U.S. citizens. Many agencies, however, are subject to restrictions from paying non-citizens in their annual appropriations legislation or other agency-specific enabling and statutes. Each agency will need to consider whether any such restrictions apply to it, in conjunction with its agency counsel. Moreover, an agency may appoint a non-citizen to a Pathways Program position only if the student or recent graduate is lawfully admitted to the United States as a permanent resident or is otherwise authorized to be employed. A Pathways Intern, Recent Graduate, or Fellow must possess full U.S. citizenship by the end of the Program to be eligible for consideration for permanent Federal employment in the competitive service.

No. Students who have not completed their educational degree requirements may apply and be considered for a Recent Graduates job in the weeks/months prior to the job being filled. These individuals must, however, meet the definition of a Recent Graduate in 5 CFR part 362.302 in order to be appointed as a Recent Graduate under the Pathways Program.

In addition, agencies can choose to accept applications from individuals who will complete education by a certain cutoff; e.g., announcement closing, date certificate issued, appointment date. Any such conditions must be established in the agencies’ Pathways MOU and in the agencies’ application procedures under 5 CFR part 302.301.

The Pathways Programs regulation (see 5 CFR 362.103) defines certificate program as “post-secondary education, in a qualifying educational institution, equivalent to at least one academic year of full-time study that is part of an accredited college-level, technical, trade, vocational, or business school curriculum.”

Since the early days of the Cooperative Education Program (more recently called the Student Career Experience Program), a predecessor program to the Pathways Internship Program, certificate programs were included in the educational requirements to accommodate technical, trade, and vocational schools where individuals learn a trade that does not necessarily require a 2- or 4-year degree from a college or university. Generally, these occupational fields require licensure for an individual to practice his or her trade or craft. OPM did not intend the use of certificate programs to allow agencies to appoint individuals enrolled in short term “certificate programs” that are not required for the position or which lacked sufficient academic rigor.

For positions that have positive education requirements, agencies may impose educational requirements as they would relate to the OPM qualifications standard for the target position if stated as eligibility requirements, rather than minimum qualification requirements. For example, if an agency is filling a Petroleum Engineering Intern position, which upon conversion would require that the Intern had completed specific courses in engineering, then the agency may indicate that only students who have completed or are currently taking some or all those required courses will be eligible for the Petroleum Engineering Intern position.

For positions that do not have positive education requirements, agencies may not impose education degree requirements or require that specific courses have been, or will be, taken as an eligibility requirement. The agency may indicate in the Pathways job opportunity announcement that they seek or prefer candidates who are pursuing specific degree paths or courses. However, agencies must follow the selection procedures in 5 CFR part 302, before making a selection.

Yes. Agencies may use requirements such as the ability to work a specified number of hours per week or be in good academic standing as eligibility criteria. However, the hiring agency must ensure that all such criteria are stated in the agency’s Pathways MOU with OPM, the job opportunity announcement, and the participant agreement.

No. Intern NTE positions are used to complete temporary projects, to perform labor-intensive tasks not requiring subject-matter expertise, or to fill traditional summer jobs. This work is not required to be related to the student’s area of study.

No. The Schedule A hiring authority cannot be used to fill Pathways Programs positions. The Pathways Programs and the Schedule A authority for persons with disabilities are two separate hiring authorities with separate eligibility requirements and hiring processes. An applicant with a disability may apply to positions in the Pathways program by following the instructions found in the job opportunity announcement on USAJOBS. When doing so, students with disabilities are considered for Pathways Programs positions in the same manner as other, non-disabled students in accordance with the provisions of 5 CFR part 302. An agency is, of course, required to provide reasonable accommodations, as required by law, and may wish to consult with counsel or its human resources office concerning such matters.

Qualifications and Assessments

Yes. Agencies may not develop their own qualification standards for positions filled through the Pathways Recent Graduates Program. Agencies must use the OPM or OPM-approved qualification standards for the position being filled (or any qualification standards for the position required by law, if applicable).

For the Intern and Recent Graduate Programs, agencies must use valid job-related assessments such as crediting plans, which are the same thing as rating schedules (i.e., occupational questionnaires) or structured interviews. Agencies may also use the Administrative Careers With America (ACWA) written test or ACWA rating schedules when making selections for Pathways Programs positions. Depending on the selection methodology used to fill a particular job (see 5 CFR part 302), agencies may assess only for general eligibility/minimum qualifications. OPM assesses for a list of Finalists for the Fellows Program.

Promotions and Reassignments

Yes. An Intern appointed without a NTE date may be promoted when an agency has an excepted service policy for promotions of employees in excepted service positions, and the Intern meets the qualification requirements for the higher-graded position. An Intern NTE is similar to a temporary employee and is not eligible for a promotion.

An agency may appoint an Intern NTE to a different position, but first the agency must provide minimum public notification (internal to the agency – not on USAJOBS) to similarly situated agency Interns who may also be interested in the Intern position. If more than one individual is interested, the agency must apply the selection procedures under 5 CFR part 302 – including the application of veterans’ preference and pass over procedures. This applies regardless if the Intern position is a position with a career ladder, with a different job series, with a different series with a career ladder, or whether the Intern position is the same series and grade level as the Intern NTE position.

Agencies must follow their own policies for movement of excepted service personnel, and the Recent Graduate must meet the qualification requirements for the position to which he or she will be reassigned.

No. Employees in Pathways Programs positions are not subject to time-in-grade limits. Time-in-grade limits only apply to movement to or within the competitive service. However, Interns, Recent Graduates and PMFs must meet the qualifications requirements for promotion to the higher grade level. Promotions are never an entitlement and agencies must have an excepted service policy in place that covers promotions for positions in the excepted service.

The 120-day clock for non-competitive conversion starts when the student completes his or her academic requirements (as determined by the educational institution). 5 CFR 362.204(b) (2) states Interns are eligible for non-competitive conversion within 120 days upon completion of the course of academic study at a qualifying educational institution that confers a diploma, certificate, or degree. Therefore, the 120-day clock starts upon completion of the last course requirements for the degree the Intern is pursuing. Agencies should defer to the educational institution for a determination of when degree requirements have been met.

No, individuals on Pathways Internship appointments are eligible only for consideration for non-competitive conversion to positions in the competitive service, and only if all applicable program requirements are met. The intent of the Pathways Internship Program is to develop individuals for potential placement into the permanent workforce, or to provide them with an opportunity to explore Federal careers while still in school, but not to effectuate placement into yet another developmental program. As a reminder, per 5 CFR 362.303(a), public notification is required prior to filling positions in the Pathways Recent Graduates Program.

By definition, and as provided in Executive Order 13562, the Pathways authorities are to be used as an exception to filling positions that would normally be filled through a competitive process. Accordingly, non-competitive conversion means assignment to a position in the competitive service. The Pathways Programs Executive Order and implementing regulations do not provide for conversion to an excepted service position for Intern or Recent Graduate positions.

Yes, an Intern NTE may be non-competitively converted to the competitive service provided the job opportunity announcement used to fill the Intern NTE position stated the conversion potential and all other requirements for conversion have been met. However, the conversion of an Intern NTE should be rare as an Intern NTE positions are to be used to complete temporary projects, perform labor-intensive tasks not requiring subject-matter expertise, or fill traditional summer jobs.

No. An agency is not required to convert any individual in a Pathways position to a position in the competitive service, whether upon completion of degree requirements or otherwise. Conversion to a competitive service positions is not an entitlement. An agency does, however, have the discretion to convert an Intern NTE if the job opportunity announcement used to fill the Intern NTE position stated the conversion potential and all other requirements for conversion have been met. Intern NTE positions are to be used to complete temporary projects, perform labor-intensive tasks not requiring subject-matter expertise, or fill traditional summer jobs.

No. In accordance with 5 CFR 362.205 the appointment of Intern NTE ends when the temporary appointment expires. However, the agency may convert the Intern NTE before expiration of the original appointment if that date is within 120 days of the completion of degree requirements provided the job opportunity announcement used to fill the Intern NTE position described this conversion potential and all other requirements for conversion have been met.

Yes. In accordance with 5 CFR 362.203(b) an agency may retain an Intern or Intern NTE following graduation if the Intern also has been accepted into another qualifying degree program at the time of graduation. It is not uncommon, for example, for students who graduate from college to immediately begin a master’s or professional degree program. In such situations, the acceptance into another qualifying educational program means the student maintains eligibility for employment as an Intern. In these situations, public notification and competition are not required for the participant to continue in the agency’s Internship program.

Yes. Interns, Recent Graduates, or PMFs who have completed all requirements for conversion may be non-competitively converted to term or permanent positions. When non-competitively converted to a term appointment, the agency may subsequently noncompetitively convert the individual to a permanent competitive service position at any time before the term appointment expires. The option to convert the individual to a term appointment is provided in accordance with the Executive Order 13562 to allow flexibility when budgetary or other resource constraints would prevent an agency from converting an employee to a permanent position at the time the employee successfully completes the program.

Yes. An individual participating in the Recent Graduates Program may be appointed to a position that has an established career ladder provided the job opportunity announcement for the position stated the career ladder.

Yes. An individual participating in the Internship who otherwise meets the program requirements for conversion (i.e., work hours, satisfactory performance, educational requirements, training completed, etc.) may be converted to a position with an established career ladder provided the job opportunity announcement for the position stated the career ladder. For instance, an Intern GS-0299-04 Human Resources Trainee may be noncompetitively converted to a GS-0201-05/7/9/11 Human Resources Specialist career ladder position.

No, time spent on a STEP appointment will not be creditable towards career tenure if the Intern is converted to a position in the competitive service. However, the time spent as an Intern or an Intern NTE under Schedule D will be will be creditable towards career tenure.

No. Under the Pathways Programs participants may be converted only to term or permanent positions in the competitive service. Attorney (GS-0905) positions are in the excepted service, so an agency may not use the Pathways Programs to fill such positions.

Termination as a condition of employment only occurs when the Intern is separated at the end of the 120 day period after completion of the academic degree requirement. If the termination occurs before the end of the 120-day period, the agency must determine if the Intern meets the definition of "employee" in chapter 75 of title 5 and is entitled to appeal rights before taking any action to remove the Intern. If it is determined that the Intern has appeal rights, then the adverse actions procedures in 5 CFR 752 would apply to a termination occurring prior to the end of the 120-day period.

Pathways MOUs and Agency Policy

No. The implementing Pathways regulations do not provide for such a grace period. An agency must renew its Pathways MOU every 2 years. If the MOU is not renewed, the agency must suspend all new hiring under the Pathways Program until a current MOU is in place.

The intent of the Recent Graduates Program is to provide a 1 year entry-level developmental experience which may lead to a permanent job in an agency’s workforce. Agencies may establish Recent Graduate Programs in excess of 1 year if the training requirements of a specific position warrant a longer and more structured program. Any such positions must be identified in the agency’s Pathways MOU, and described on the Pathways Participant agreement. Individual managers, organizations, etc., may not individually decide how long the Recent Graduate Program will be.

Agencies are required to have an excepted service policy in place under 5 CFR 302 and to have policies in place for the Pathways Programs. Such policies must address receipt of applications; qualifications requirements; examination of applicants; order of selection; promotions and reassignments including instances when public notification is required for the promotion of Interns.

No. However, as a best practice, OPM encourages agencies to engage with grandfathered Fellows to enter into a Participant Agreement with those Fellows and to assign a mentor. If entering into a Participant Agreement, agencies are reminded that grandfathered Fellows must adhere to the previous regulations and some of the Participant Agreement language may need to be modified accordingly.

No. Fellows from the Class of 2013 and subsequent Fellows may only complete their developmental assignments in their organization, within their agency, or in another Federal agency (as defined in 5 U.S.C. 105). Fellows may continue to complete optional rotations outside of their agency at the discretion of their agency and following their agencies’ policies and procedures.

A PMF Finalist has 12 months from the official Finalist selection date to accept and start a PMF appointment. Under certain limited circumstances, an agency may request an extension if it is unable to bring the Finalist onboard as a Fellow within that time: e.g., because of delays in completing a background investigation. This practice is consistent with PMF regulations in effect prior to the Pathways Programs regulations.

The deadline for an ERB to certify that a Fellow has successfully completed all program requirements is 30 days prior to the Fellow’s 2-year anniversary date. ERB certification is required prior to conversion.

Yes. An agency may use on-line training if the training addresses the competencies outlined in the Fellow’s IDP and will prepare the Fellow for his or her target position. Interactive training includes communication between instructor and students, students and students, etc. Ultimately, the agency’s ERB will determine if the Fellow has met all program requirements, including the amount and type of training. Agencies may want to clarify training definitions in their Pathways Programs policies and Pathways MOU.

Yes. Per 5 CFR 362.405(b)(4)(i), a Fellow may participate in an agency-wide, or Presidential or Administration initiative to fulfill the requirement for a 4-6 month developmental assignment. Such experience must be 4-6 months in duration to allow the Fellow the experience he or she would have gained through a traditional developmental assignment.

No. The Pathways Programs regulations are clear and agencies have committed to fulfilling program requirements when signing their Pathways MOU with OPM for participation in the Pathways Programs. The agency must provide each Fellow a minimum of 80 hours of formal interactive training per year, and must provide each Fellow with at least one 4-6 month development assignment during their 2-year fellowship. The PMF Program Office sponsors several training opportunities for all Fellows that may count towards the training requirements. Ultimately, the ERB certification process ensures each Fellow has completed at least 160 hours of training as part of the program requirements.

Yes. Agencies whose positions are excepted by statute or non-Executive Branch agencies (e.g., Federal Bureau of Investigation (FBI), Library of Congress, and Congressional Research Service) may enter into a Memorandum of Agreement (MOA) with OPM to participate in the PMF Program Once an approved MOA is on file, the agency may appoint Fellows. However, upon completion of program requirements, the Fellow is eligible only for placement into an excepted service position in the employing agency. Such appointments, starting with the Class of 2013, would not be able to non-competitively convert to a term or permanent position in the competitive service of another agency.